Maurice Vaughn Gray v. Fifth Third Bank National Association
This text of Maurice Vaughn Gray v. Fifth Third Bank National Association (Maurice Vaughn Gray v. Fifth Third Bank National Association) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case No. 6D2023-2296 Lower Tribunal No. 2022-CC-012884-O _____________________________
MAURICE VAUGHN GRAY,
Appellant,
v.
FIFTH THIRD BANK NATIONAL ASSOCIATION,
Appellee. _____________________________
Appeal from the County Court for Orange County. Andrew L. Cameron, Judge.
August 8, 2025
ON CONFESSION OF ERROR
PER CURIAM.
Maurice Vaughn Gray appeals the default judgment entered against him and
in favor of Fifth Third Bank National Association (“the Bank”), arguing the Bank
never served him in this case. He claims he received no notice of the proceedings
against him, which constitutes a violation of his due process rights. The record shows
the summons was returned to the trial court, along with a note stating Gray did not live at the address listed on the return of service. The Bank made no further attempts
to serve Gray.
The Bank now concedes service was defective and asks that we remand this
case for further proceedings. See Fla. R. Civ. P. 1.070(b) (2022) (“When any process
is returned not executed or returned improperly executed for any defendant, the party
causing its issuance shall be entitled to such additional process against the unserved
party as is required to effect service.”); Brooks v. Walker-Brooks, 119 So. 3d 552,
553 (Fla. 1st DCA 2013) (“[P]rocedural due process requires both fair notice and a
real opportunity to be heard before judgment is entered. Where a party receives no
notice, it has been deprived of due process and the underlying order must be
reversed.” (internal citations omitted)). Accordingly, we reverse the Default Final
Judgment and remand this case for further proceedings.
REVERSED and REMANDED.
WHITE, MIZE and BROWNLEE, JJ., concur.
Maurice Vaughn Gray, Orlando, pro se.
J.L. Perez and Anson A. Adams, of Brock & Scott, PLLC, Winston-Salem, North Carolina, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
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